Summary: We will not investigate this complaint about how the Council dealt with an application for a Blue Badge. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about the Council’s decision not to issue her with a Blue Badge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied for a Blue Badge. The Council assessed the application under the rules relating to people who have mobility problems linked to physical issues. The Council considered medical evidence from Ms X’s doctor and physiotherapist. The Council concluded that the evidence did not show if improvement was expected or how severely Ms X’s mobility was affected.
7. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council has made a decision. I have no power to award a badge and it is not my role to decide if Ms X is eligible for a badge.
8. The Council considered all the issues I would expect it to take into account when assessing whether someone is eligible for a badge. It considered physical rules, the medical evidence and the guidance. I appreciate Ms X disagrees with the outcome, and says she deserves a badge, but I have not seen any suggestion of fault in the way the Council reached the decision. And, as there is nothing to indicate fault, there is no reason to start an investigation.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman